Dunedin District Court

A TRAINEE medical officer has escaped a conviction for drinkdriving because of the adverse effects his conviction would have on the charitable organisation with which he was working as a volunteer.

Youri David Wijland (23), of Dunedin, was before the Dunedin District Court for sentence yesterday, having earlier admitted driving in Forth St just after 2am on February 24 when his bloodalcohol level was 92mg.

Through counsel Cate Ander sen, Wijland asked for a discharge without conviction, arguing there would be disproportionate consequences not only to him but to the organisation with which he was volunteering and which had invested much in him.

The defendant would be unable to continue driving for the organisation and would lose the benefit of four years’ training towards becoming a medic.

Wijland had not intention of hiding the offence from the Medical School where he was hoping to train to become a doctor, having already completed a pharmacy degree, Ms Andersen said.

Police were opposed to the granting of a s106 discharge, prosecutor Tim Hambleton said, but Judge Kevin Phillips accepted the defendant’s conviction would have ‘‘a real impact’’ on the charitable organisation for which he was working. And Wijland himself, a first offender, would lose the oppor tunity to become fully qualified and to move towards working with Doctors Without Borders.

The judge accepted the overall gravity of the offending was ‘‘at the lower end of the scale’’ and was satisfied the defendant would not be able to continue in his present volunteer position, meaning the funding invested in Wijland by the organisation would be lost.

In what the judge said was an unusual decision, he discharged the defendant without convic tion but ordered him to pay costs of $500 and compensation to the police for costs associated with the blood test.

Conviction

Martin Richard Cotton (25), labourer, of Dunedin, assault with intent to injure (victim his partner, he was drunk, argument developed about 5.30am, January 13; made threatening remarks to victim, held her and put arms across her face to keep her quiet; counsel Cate Ander sen said defendant been undergoing treatment programme and receiving professional help while on remand, accepted alcohol was behind his offending and motivated to address problem), eight months’ jail, followed by special release conditions for alcohol and drug counselling, treatment and programmes: assaulting a female (relating to same incident), four months’ jail (concurrent), breaching bail, convicted and discharged.